The EU Digital Services Act (DSA) was finally published in the EU Official Journal on 27 October 2022, which marks the end of its adoption process.

‘Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC can be accessed here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065&qid=1666966938325

This legislation introduces due diligence requirements and content moderation rules for all online intermediaries providing services in the EU.

• The regulation will enter into force on the 20th day following its publication (16 November 2022).
• The regulation shall apply from 17 February 2024 (although rules specific to ‘very large online platforms’ are expected to come into effect earlier).

Key measures in the DSA include the following:

Online platforms

• Swift removal of illegal content online, including products, services: a clearer “notice and action” procedure where users will be empowered to report illegal content online and online platforms will have to act quickly;
• More responsible online marketplaces: strengthening checks to prove that the information provided by traders is reliable (“Know Your Business Customer” principle);

Transparency for users

• New transparency obligations for platforms will allow users to be better informed about how content is recommended to them (recommender systems) and to choose at least one option not based on profiling;
• Online advertising: users will have better control over how their personal data are used. Targeted advertising is banned when it comes to sensitive data (e.g. based on sexual orientation, religion, ethnicity);
• Protection of minors: platforms accessible to minors will have to take specific measures to protect them, including by fully banning targeted advertising;
• Dark patterns: online platforms and marketplaces will be prohibited from manipulating users’ choices.

Harmful content and disinformation

• Very large online platforms (more than 45m monthly users) to mitigate systemic risks and be subject to independent audits each year;
• Special measures in times of crisis: during a public security or health emergency, the Commission may require very large platforms to limit any urgent threats on its platforms for up to three months.

Online platforms and search engines failing to comply with the DSA can be fined up to 6 per cent of their worldwide turnover.

For more information contact:

Francine Cunningham

Regulatory & Public Affairs Director

francine.cunningham@twobirds.com